THE REPUBLIC (APPLICANT) vs. SAMUEL OFOSU AMPOFO AND ANTHONY KWAKU BOAHEN (RESPONDENTS)

The instant motion filed on the 2nd July, 2019 by the 2nd Accused person, seeks an order of the Court to strike out count 1 of the charge sheet filed by the Attorney General on the 10th April, 2019. This matter has been adjourned since 7th June, 2019 after Case Management to today for hearing to commence. The 2nd accused has been charged as far as count 1 is concerned together with the 1st accused person with the offence of conspiracy to cause harm contrary to Sections 23(1) and 69 of the Criminal Offences Act, 1960 Act 29. The main reason given for this Application is stated in paragraph 9 of the Supporting Affidavit which states that: 9. I repeat paragraph 8 above and further state that I am advised by Counsel and I verily believe same to be true even if all the matters, allegations or /and facts contained in Exhibits SOA 1 to SOA 9 are admitted by me, assumed or proved to be true or I plead guilty to Count 1 as charged they hopelessly fail to prove the essential ingredients...